hello. this is news4 at 4:00. i'm pat lawson muse. >> i'm barb harrison in for jim handly. the pregnant duchess was released from the hospital today after receiving treatment for severe morning sickness. >> but as michelle ka sin ski reports, there was a prank call for her information. >> reporter: after four days of the re lentless morning sickness, the duchess of cambridge felt well enough to leave the hospital. the duchess looking somewhat pale and tired, but giving a big smile to the cameras, when reporters yelled out to her how she was doing, she said much better, thank you. the palace released a statement saying she's heading to kensington palace for a period of rest. and wanted to thank the hospital for the care she received. we also heard from prince charles today expressing his joy at the thought of becoming a

grandfather. even made a little joke. >> another radio station. >> nice to see him having a sense of humor about it. he was referring to a prank by two australian deejays in which they called kate's hospital, disguising their voices, very badly we must say, as the queen herself and prince charles. they persuaded two nurses they were the real deal despite all of their wackiness in the process. they also received some personal information about kate's treatment. those deejays apologized, saying that they fully expected to be hung up on immediately and saying they only meant to wish kate well. back to you. a student takes a gun to school in montgomery county. news4's keith russell is at the live desk with the details. >> pat, around 8:00 this morning, 17-year-old student octavio estevez was seen in rockville. he wasn't supposed to be on the property today. he was asked to leave. once he was refused, he was

arrested for trespassing. a 22 caliber handgun was discovered in his backpack. no bullets found with the weapon and no one was hurt. he's charged with possession of a weapon school property and other weapon related charges. live in the newsroom, keith russell, news4. in just about an hour, president obama and the first family will flip a switch on the national christmas tree. >> crowds are starting to gather at the ellipse right now. megan mcgrath checked out the events leading up to tonight's big ceremony. >> reporter: one final rehearsal before the big show. among the star-studded lineup, "american idol" winner phillip phillips. also performing, the fray.

singer isaac fray said he was stunned when president barack obama first approached him about coming to washington. >> i was here for an event, and the president said, let me get you up here to play a song. i said, okay. >> reporter: this is the 90th annual lighting of the national christmas tree. the tradition started by president calvin coolidge continues tonight as president barack obama and his family flip the switch. while the spirit of the evening is the same, the audience may notice some changes. first of all, the stage has been moved. >> the back drop, i mean, it is accentuated by the tree. and the white house. the executive office building. you know, really showcases many of the great monuments and features we have down here in president's park. >> reporter: and the tree itself is new. the blue spruce which stood on the ellipse for decades was destroyed by wind in 2011. the replacement also died, and

in october the current tree was planted, and all indications are that it's doing well. and if you are attending tonight's performance, keep in mind you're going to have to pass through a security checkpoint. the rule of thumb is, don't bring anything you couldn't get into an airport. megan mcgrath, news4. and our own doug kammerer will be on hand for tonight's lighting. you can watch his live reports later in this newscast. coming up on news4 at 5:00. heads-up if you have to drive downtown tonight. two major roads are closed for the ceremony. 15th street, and 17th street between constitution and new york avenues. both those roadways will reopen tonight around 7 crock. and here's a live look now outside. showers are on the way. but will they interfere with the tree lighting? >> let's head to storm team 4 meteorologist veronica johnson. >> hey there, barbara and pat. timing is everything, right? we just don't want any rain. not for the national christmas

tree lighting, of course. it was a gorgeous day today. we had sunshine, and it was a little cool and crisp, but every bit like december which it's supposed to be. here's the forecast for the national christmas tree lighting down at the ellipse. 4:46 your sunset today. we're going to go ahead and zoom on in, right there to that tree, and watch the ornament come out, because there's your forecast. cool and crisp conditions with a temperature around 39 degrees, when that switch is flipped between 5:00 and 6:00 p.m. it will be, yeah, coat weather for sure. we're in the low and mid-40s right now. areas around anne arundel and burke, and bethesda, maryland, you're also at 41 degrees to 42 now in suitland, maryland. we do have rain, though, that will be moving in. we'll talk about the timing of that coming up, because already the dense clouds, they're moving through areas of western maryland right now. i'll have the details on the rain coming up. a sexual assault at a hotel have left police looking for

clues in prince william county. a mask manned attacked her last night. she told investigators she got a phone call from someone needing to be let into a room. when she went upstairs, the suspect held her at knifepoint in a stairwell, and pushed her into a room and assaulted her. the beltway is clear again, after a truck filled with pineapples and blueberries crashed. it happened early this morning on the outer loop near 270. at one point delays stretched for about nine miles. crews helped clear the scene by transferring the fruit from one truck to another. still no word on what caused that crash. the driver was not injured. a family in falls church, virginia, is the face of the white house push to avoid the fiscal cliff. president obama paid them a visit to find out how tax increases would impact them. right now, there's still no agreement with republican lawmakers. nbc's danielle lee is on capitol

hill with more on the president's house call today and with the latest on what both sides are prescribing. danielle? >> reporter: pat, president obama said he's trying to highlight the impact of those tax hikes on the middle class. on capitol hill, there's growing pressure to stop the campaigning and sit down face-to-face. avoiding the bickering on capitol hill today, president obama headed to northern virginia. he sat down with tiffany santana and her family to put a face on the fiscal cliff. >> for them to be burdened unnecessarily because democrats and republicans aren't coming together to solve this problem, gives you a sense of the costs involved in very personal terms. >> reporter: tiffany had used twitter to tell the president her family can't afford a tax increase. and the white house released this video. >> $2,000 for me would be paying a month's rent. >> reporter: back in washington, more gridlock. >> it's up to the republicans to decide how long it's going to take. >> the president actually isn't interested in a balance

agreement. >> reporter: with both sides stuck on tax hikes for the top 2%, economists wonder if lawmakers will reach a deal this year. >> i'm skeptical. but i do think it can be done early next year, before it does significant economic damage. >> reporter: mark zandy warned a congressional committee they would have just over a month to negotiate in 2013 before the economy falls apart. >> by mid-february, it will be doing a lot of damage. >> reporter: anticipating the fiscal cliff and massive layoffs that could come with it, democrats called on lawmakers to continue an extension to jobless benefits expiring this year. >> now they're at risk of losing their last lifeline. >> reporter: 25 days left, no deal yet. republicans are worried they may be losing ground on the tax hike debate. and a new poll shows the majority of voters trust the president and democrats on the issue. reporting live on capitol hill, danielle lee, news4. polls show many americans want hillary clinton to run for

president in 2016, but that doesn't seem to be on top of her to-do list as she steps down as secretary of state. mrs. clinton is in dublin ireland, today on one of one of her last foreign trips. she admitted she's looking forward to the quiet life. >> i'm, frankly, looking forward to returning to living a life that enjoys a lot of simple pleasures, and gives me time for family and friends and other pursuits. >> mrs. clinton was also asked if president clinton will become the new ambassador to ireland. she said her husband will continue the work he's been doing in ireland with or without the title of ambassador. a new survey indicates michelle obama could successfully follow in hillary clinton's footsteps wa political career. public policy polling asked illinois voters who they would choose in a hypothetical matchup between mrs. obama and the current senator, mark kirk.

the poll has the first lady leading 51% to 40%. senator kirk has been sidelined from capitol hill for nearly a year now since suffering a stroke. mrs. obama has never indicated any interest at all in seeking political office. ellen facing a controversy. why a conservative group is upset about her new commercial for jcpenney. a warning about a dangerous new drug that's growing in popularity. it's legal here in the u.s. but doctors say it comes with serious risks. and the nominations are in. the artists to watch all this year's grammys. there is no mass-produced human.

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a live look downtown near the ellipse where crowds are gathering for the lighting of the national christmas tree tonight. the tradition that dates back to 1923. >> in less than an hour, the president, the first family will flip the switch and light it up. >> exciting. waiting for the sun to go down, i think, to see the lights perfectly. beautiful evening. ♪ >> maroon five performing at the

announcement of this year's grammy nominees in true music fashion. the nominations came in the form of a concert. unlike previous years, six artists are tied for the most nominations at six apiece. hip-hop's jay-z and kanye west and ocean and the black keys, mumford and sons and pop rock fun. song of the year include song of the summer, you know it, call me maybe. the 55th annual grammy awards will take place in february. rihanna makes a move to the style network. jessica simpson's new pregnancy could be costing her an endorsement deal. this time for hollywood headlines, georgia is here. so, "us weekly" reporting she's got a deal but she's also got something in the tummy, is that right? >> if the rumors are true and she's really pregnant, weight watchers is not happy about it. she did the first photo shoot

with them. they could only shoot her from the waist up because she hadn't lost the weight yet. she finally lost it, and i think she did it in enough time, but she lost 70 pounds. and then they shot the new commercial, so now weight watchers is like they can't really run those commercials because if they do, who wants to see a pregnant woman dieting. so now they probably wasted the money on the commercial and wasted the money on her new contract if it's true. >> did she actually lose 70 pounds? >> they did. they just shot the new commercials, and they haven't been able to air them yet. and if they do, people will be upset if they see a pregnant woman dieting. >> run the commercials for nine months. >> that's what i'm thinking. >> rihanna is making a move to the style network. what's she doing there? >> it's a reality tv show where she'll pick 12 aspiring designers where she will outfit an a-list celeb every week.

she will be bringing all of her a-list celebrity friends and the stylists will dress them. this is kind of the same thing she did last year, actually, earlier this year for the uk. she's kind of doing reality tv a little bit. she always has the coolest styles when she decides to wear clothes. >> yeah. >> what's up tomorrow? >> tomorrow we've got 12 days of cash, giving away so much cash. it's so exciting. people call up and sigh, ooh, did i win? no. no, just kidding. yeah, we're givinh g casaway in 12 days. >> the list of most overpaid actors is out. >> i'm not so surprised by this. eddie murphy. >> eddie murphy? i'm surprised. >> maybe it's because -- >> some people don't think he deserves it. >> he's done so many movies. his last movies hardly made any money. $2.30 per ticket at the movie.

that's what they earn. third on the list, i was surprised, reese witherspoon. and what, sandra bullock? she's tied with jack black. each dollar makes $5.20 at the movies. jack black, yeah, gulliver's travels, awful. year one was awful. he does better with kid movies, like the panda movies. i was really surprised to see sandra bullock on that list. >> you don't find anybody on the list complaining about being overpaid. >> absolutely. i want to make that list. >> all right. thanks, georgia. we'll look for the cash tomorrow. >> yeah. stay tuned. >> thanks a lot, georgia. a group is telling shoppers to avoid jcpenney this season. >> they're featuring ellen degeneres in a commercial. >> 20 million for gifts. >> that's okay. >> you get a gift or trip. >> exactly.

>> it's rather harmless. ellen talks with the three santa's elves there about a contest. and makes a clumsy joke about their size. the group 1 million moms said jcpenney offended its customers by having a lesbian as a spokesperson. they've asked jcp to replace ellen in february. let's take a look at the weather. now pretty nice out there right now. veronica? >> yeah, it is. you know, a lot of folks saying, i needed at least one cool day here for december, right? well, we got it today. our highs today were in the 40s. mid to upper 40s for a brief period of time. at least the winds have been calm so we haven't had tough windchill temperatures across the area. and uniform throughout our area. right now, we're at about 44, 45 degrees, a lot of locations from d.c. through fairfax. fauquier county, culpepper county right now at 45 degrees.

46 down to the south there in stafford county right now. we've got two areas that will be convening on us, an area of moisture down south. and a weather front coming in from the west. clouds are on the way. you can see how they're filling in. still hanging on to a little bit of a way of a clear sky through virginia. areas of maryland right now. but the clouds are on the way. and before long, we will be seeing some rain move in. as a matter of fact, for the morning rush. 4:00 a.m., 5:00, 6:00 a.m., we'll have a chance for light showers and sprinkles around our area. we're crisp and cool for the evening, 9:00, 10:00, 11:00 p.m. as temperatures drop to the 40s. so for the national christmas tree lighting, not too bad either. tomorrow morning, 36 to 37 degrees. so again, with a little bit of wet weather around our area. not too bad at all. here's what's going on as we take you into the future.

the blobs of green, that's the rain. you can see where it will be tomorrow morning. 8:00, 9:00, and gone by lunchtime. the rest of the day we're still overcast and cloudy. and then for friday night and saturday morning, that area of rain that looked like it would move in, i think it's really going to stay up to the north of us. that's a little weather boundary we'll have to deal with this weekend. for saturday we're going to be on the warm side of that boundary. for sunday, the cool side with the northeasterly wind. but for sure, i think saturday morning we will have some fog around the area. and some clouds. but there's a possibility of some late day sunshine on saturday. and then for sunday, i think showers back late in the day, with that northeasterly wind. so increasing clouds, cool and nice. 35 to 39 degrees. not too bad at all out there for the evening. by tomorrow morning a few sprinkles, light showers, 30 to 36 degrees. your forecast for tomorrow, mostly cloudy. but nice. the high 50 to 55 degrees. so we're going to do a little

better than what we did today. and another warm-up. we just keep getting these little warm streaks in here. saturday is 65 your high. 57 degrees on sunday. close to 70 degrees on monday. and as warm as it's going to be on monday here, there will be some areas through the carolinas, off to our west that will see even higher temperatures. and that means there could be a few thunderstorms around. maybe even some severe weather in the deep south, like in texas. tuesday morning, we could be looking at a few flakes of snow. maybe ice pellets mixed in as the system moves out. we go from really mild to really cold again. >> up and down. thanks a lot. still ahead, a big rush to pick up marriage licenses in maryland. why the weddings won't count for another month. another change to the happiest place on earth. the big news out of disney world today.

the magic at disney world in florida just got bigger. the new fantasy land is now open and it's double its original size. it's the largest expansion in the park's 41-year history. you can now check out these castles from the beauty and

beast and the castle from the little mermaid. hopefully it will shorten some of those lines. same-sex couples in maryland are picking up marriage licenses for the first time. the marriages will not take effect until january 1st. the same-sex marriage ballot question was approved by maryland voters last month. today news4's tony tull spoke with the first woman to pick up her marriage license in montgomery county. >> i'm not hurting anybody. i just want to marry my girlfriend that i love. >> reporter: it's a big day for elizabeth mckenna, she and her girlfriend become the first gay or lesbian couple to obtain a marriage license here in montgomery county. she tells news4 how happy she is that this roller coaster of emotions is finally coming to an end. >> everyone's smiling at me. it's so bizarre. i never thought this would happen in my lifetime. >> reporter: the license will not be effective until january 1st. since the court is closed on new

year's day, they cannot issue a marriage certificate until january 2nd if you choose to way until after the holiday. >> when the governor signs the referendum this morning, it will be official we can accept applications. >> reporter: maryland voters passed question 6 on the ballot last month with a 52% to 48% vote. just another vick information for folks like elizabeth and her girlfriend who have been fighting this equality for generations. >> it feels like a continuation of my whole life being out, and marching in parades and everything. this is super awesome. >> reporter: it was a monumental moment, elizabeth walking out of the courthouse with her completed certificate. >> here it is. this is it. a marriage license for me and my girlfriend. >> reporter: how are you feeling right now? >> i'm just blown away. i didn't think this would ever happen. and it's sort of taking a while to sink in. it's just so great to be normal. >> reporter: we talked with the president of the maryland circuit court clerks, and she

said about two-thirds of maryland's circuit courts are participating in the issuances of the same-sex marriage licenses. coming up on news4 at 5:00, the changes you can expect i the same-sex wedding ceremony. news4's chris gordon will have a live report from the montgomery county courthouse. still to come on news4 at 4:00, a new drug you've probably never heard of. it's legal, but it comes with some very dangerous consequences. plus, a pot party in washington state. it's now legal to smoke marijuana there, but there's a catch to that. were you trying to kill him when you pushed him on the track? no. >> the man accused of killing a rider on the subway explains what led to the deadly confrontation.

welcome back to news4 at 4:00. i'm barbara harrison in for jim handly. >> i'm pat lawson muse. kate middleton is out of the hospital today, released after being treated for severe morning sickness. the pregnant duchess left with her husband, prince william, as she was leaving the hospital she told the photographers she's feeling a lot better. president barack obama paid a visit to a family in the falls

church area, in his push to avoid the fiscal cliff. he heard how tax increases would hurt a family like theirs if no deal is reached by the end of the year. democrats and republicans are still at an impasse on raising taxes for the top 2% of the nation's earners. the lighting of the national christmas tree. here's a live look at this hour. the first family will flip the switch shortly after 5:00. let's see what kind of weather they're going to have. i know we've got possible showers out there. but will they hold off do you think? >> they're going to hold way off until after the christmas tree lighting. but i'm glad it's going to be a little crisp and cool out there for the national christmas tree lighting, you know, to get in the spirit of it all. the high clouds have already moved into the area. the monuments there in the back ground. as far as the rain, where is it

now? it's two areas that will convene and come together. we've got one area of low pressure down south. it will be making its way northward. then that weather front, you can see it around chicago coming through areas of central michigan. that's what will be arriving here tomorrow. some moisture in the form of rain showers. we're in the 40s right now at 44 degrees. by the time we light that tree, national christmas tree lighting, 39 degrees your temperature. not too bad at all out there for the evening. back to you. >> thanks, veronica. today washington state becomes the first to legalize in the nation recreational marijuana. >> the new law doesn't allow people to light up in public, and it doesn't tell police how to enforce the law. nbc's chris clackum has more on how the new law will work. >> three, two, one! >> reporter: when the clock struck midnight in seattle thursday, 100 or so pot lovers gathered beneath the space needle to light up.

recreational use of marijuana is now legal in washington state, after voters approved the measure on november 6th. >> washington voters were very ready for a new approach to marijuana. >> reporter: a new approach that led to adults over 21, possess up to an ounce of pot and use it, but only in private. which means the very public midnight celebration was in fact illegal. the new law, though, conflicts with the federal ban on marijuana. doesn't tell police how to go about enforcing it. and lacks specifics on how to license growers and retailers to produce and sell it. >> clearly there's this major problem, you know, that has to be worked out through committee quickly. >> reporter: but state officials say they're plowing forward because prohibition got expensive. the state spent $100 million a year prosecuting pot users. >> washington state is a wash as most states are in marijuana. which is one points prohibition has failed in its purpose.

>> reporter: while the feds decide what, if anything, they'll do, the states bracing for an influx of pot-smoking tourists. >> it's already happening. there's already people from france, norway, boston, and portland here. so it's already happening. >> reporter: this puts washington state one touch ahead of colorado where its law on recreational marijuana use goes into effect next month. chris clackum, nbc news. a new legal drug is gaining popularity in the u.s., but some doctors are concerned that its effects are similar to the effects of using hard drugs like heroin. >> relaxes me and eases my mind where i was open to more to kill some pain. >> it's a powder that is added to beverages. in small doses it's said to be a stimulant. but bigger doses can give users a high. medical experts say users could become addicted. >> any kind of chemical that makes us feel a little bit

happier or less anxious, we don't learn how to use our own internal skills to be able to approach these anxiety-provoking situations, so we become dependent on it. >> it's placed on the list of drugs and chemicals of concern. coming up, restaurants so noisy, you might need headphones along with your fork and knife. the reason for all that din. and the name behind some of the biggest movies in history. why peter jackson didn't want to directhe hobbit.

the "lord of the rings" story lives. director peter jackson just wrapped up the prequel movie called the hobbit. an unexpected journey. >> ann curry sat down with jackson and he explained why he hesitated to do this project. >> reporter: you may not recognize his face, but you can't help but know his movies. peter jackson, yes, the creative genius behind blockbusters like king kong and the "lord of the rings." now a decade after he directed and co-wrote the trilogy, comes the much-anticipated prequel,

the hobbit, filmed in his native country, new zealand. we caught up with jackson just before the hobbit's world premiere. did you feel a pressure to outdo yourself? >> it's a thing that made me hesitant to do the hobbit, is that i didn't want to find myself competing with a film i'd made earlier. what i ended up doing, i think, is embracing the fact that the hobbit is a very different kind of story. it was written for children. it has a whimsy and a charm and a humor that doesn't exist really in the "lord of the rings." >> and you can watch ann's full interview with peter jackson on "rock center" with brian williams tonight at 10:00 p.m., followed by news4 at 11:00. well, the show is getting started down on the mall. here's a live look at the ellipse, where they are about to light the national christmas tree. this is a pre-show under way. doug kammerer will join us live right after the break. >> veronica, what about the weather? >> oh, the weather, look, we've

got showers that will move in. but we're not going to see that rain until the other side of midnight. so your forecast then, we're at 46 at 7:00, chilly conditions, to 38 at 11:00 p.m. but take a look at our sunset right now. it's gorgeous. mostly clear. tomorrow's sunset, not going to look like this. i'll give you the details, full forecast when news4 at 4:00 returns.

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a huge crowd is gathered downtown for the annual lighteding of the national christmas tree. doug kammerer is down there in the middle of it all. doug, what's it like from your vantage point? >> reporter: oh, guys, i've got to tell you, this is really a fantastic evening. the weather is really cooperating with us. once again, a little bit on the cold side. it's been very warm over the last couple of days, but just in time for the national christmas tree lighting, temperatures came down a little bit. the stage behind me, and off to the right notice the tree. the brand-new tree. over there, the white house. getting all set up. the president getting ready to make his way down here, too. they will light the tree tonight at 5:07. tune in right at that time here on nbc 4, and we'll have the latest for you. we've got fantastic guests. neil patrick harris is going to be hosting this event tonight. we've got the fray.

we've got baby face, colby, and jason which the crew is excited about tonight. a great night out here. once again, i'm happy to be here. >> all right. that stage is just beautiful, isn't it, pat? >> it's gorgeous. >> it's sparking. >> it really is. >> they're going to light a little early tonight. >> we always have to wait. we always have to wait for the 5:00 newscast before they do. >> they like the sun to be down to see the lights. >> right. but this way we can light it and listen to all the acts through the 5:00 show. >> and the weather's going to be perfect. >> it will be perfect. you know what, the last year's weather pretty cold. this year we're doing better. let's talk about what is going on. i've got it tell you, the last couple of sunsets that we have had around here have been really, really pretty. and today, doing it all over again. look at that, very creamy and fiery. we've got 44 the temperature from the blues, to the orange

and the -- oh, it's glowing out there for sure. we've got a calm wind, though, right now. the air dry. i'll take you into the future starting with 7:00. as you heard doug say, it is chilly. he had his coat buttoned all the way up and his gloves on. we'll see the clouds move in through the evening hours. as we get into the early morning hours, between 5:00 and 6:00 a.m., rain will be pushing into our area from west to east. areas around hagerstown, winchester, maybe leesburg seeing light showers, a few sprinkles coming on through during the morning hours. probably over by lunchtime. and then for the remainder of the day, your afternoon, we're mostly cloudy. i think limited sunshine. overnight, and how we start the day tomorrow with the clouds and sprinkl sprinkles, 30 in manassas, 36 degrees in d.c. to 33 degrees in la plata. by the afternoon, we're intohe low and mid-50s. so seasonably cool for the afternoon at least.

and i'm advertising this warm-up that we're going to be seeing. tomorrow, yeah, 55. but watch what happens then on saturday. the mercury boosts up to 65 degrees with a southerly wind. we're back down a bit for sunday, with that rain and clouds, and the northeasterly wind on sunday. 30% chance of rain. so the weekend right now, not looking too bad at all. monday we've got probably our best chance of rain. could end cold, at 34 degrees. low 30s to our north and west. with maybe some light snow mixed in with a little bit of rain, perhaps even some ice pellets. it does turn cold for the rest of the week. back to you. >> thanks, veronica. if you've eaten dinner lately with a friend you may have noticed the restaurant scene has changed a little bit. it's a lot louder. you can barely hear yourself eat. >> i've noticed that actually. some places the noise is as loud as a jackhammer or subway train.

mike taibbi tells us more. >> reporter: it's not your granddaddy's christmas anymore. more hard surfaces. open kitchens. fewer tablecloths, more curtains, less space between tables, and less comfortable chairs. and all that noise. this is a-frame in west l.a., one of the city's loudest. roy choy likes it that way. >> i want you to feel like you almost stumbled into a hub. we wrapped ourselves around you. >> reporter: but it makes conversation a challenge. >> for me, not quite normal. i feel like i'm raising my voice. >> you're not at all? >> reporter: yes, i was. it's loud here. the sound meter said it's about 90 decibels. think lawn mower, or boeing 737 taking off 100 yards away.

given those comparative sound levels, diners are complaining about noise more than anything else. they're listing noise levels a mini crisis to bon apetit's andrew nolton. >> it's infuriating sitting literally two feet from somebody and not being able to hear them. >> reporter: restaurant architects acknowledging the move to industrial chic design and rooms that feel alive, are working not to eliminate noise, but to manipulate it. >> making the collection of sounds that appear in the room to be more of a kol laj that's pleasing rather than a jumble that's not. >> reporter: that's what john did with his new strant, in berkeley's art district. >> buzzy but conversational. >> reporter: here there are sound-absorbing panels, and ductliner and fabrics taking the bounce off hard surfaces.

and a computerized way to control not just the sound level in different sections of the restaurant, but to customize the way the sounds are heard. it's a barely noticeable matrix of microphones and speakers that collects the noises of a crowded restaurant and then washes it all back out in kind of a soothing white noise bath. still, there are restaurant owners and restaurantgoers who like it loud. for those who complain they just can't talk? >> usually if they're saying that, we turn up the music so we can't hear them. >> reporter: if i heard him right, i think he was joking. mike taibbi, nbc news, los angeles. >> noise doesn't really affect your appetite. >> no. that's true. i guess just eat and get out. is your salon putting your health at risk? coming up, a new study reveals whether that uv light they use to dry your nails can increase your risk of cancer. a heart warming story that is the talk of the wrestling

world. coming up on news4 at 5:00, a news4 exclusive about the future of the new fbi headquarters. tom sherwood tells us what could get the district to back the plan to put it in prince george's county. searching for the man who tried to bomb that atm in virginia. we have new pictures from surveillance video.

news4 your health, the uv lights are unlikely to cause skin cancer, according to a new study. the study contradicts the feeling of many derm tolss who say the devices are as harmful as tanning beds. researchers at brown university measured the radiation from typical nail lamps and determined you would have to use the lamp every week for 250 years in order for it to pose any real cancer risk. still, doctors say they should use uv radiation not too often. talk about a show of true sportsmanship. jerrod stevens is part of his school's wrestling team in tennessee. he has cerebral palsy. he was matched up against 13-year-old justin. after the two wrestlers shook hands, justin got down on the mat, grabbed his arm and he got the pin and win.

that moment was spontaneous and not planned. he said his son isn't afraid of trying anything. still to come, an arrest in the case of a man pushed to his death on the subway, why the suspect said he's the real victim. a live look at the ellipse where the national christmas tree is ready to be lit. the big show is just seven minutes away. we'll give you a

a court appearance for the man accused of shoving a stranger in front of a new york subway station. the suspect is charged with murder and claims he's the real victim. for the family of a man who died, this is a day to honor the husband and father they loved. >> reporter: the grief-stricken family of ki suk han, brings photographs of her dad. mourners remembered their friend. >> he was a nice person. very sorry. >> reporter: the last several days have been heart-wrenching who knew han. he was pushed onto the tracks by this man, according to police. in court, naeem davis shook his head, rolled his eyes as prosecutors talked about how davis threw the victim onto the tracks. >> eventually throwing the victim, lifting the victim off his feet, pushed him off the wall behind him.

>> stop. i'm interrupting. >> reporter: davis' arraignment last night became tense at times, ultimately the judge ordered davis held without bail. he faces charges of murder and attempted murder. prosecutors said he pushed the 38-year-old han in the path of an oncoming station at times square. davis blamed han, calling the victim the aggressor. >> naeem, were you trying to kill him when you pushed him on the tracks? >> no. >> did he start the fight with you? what happened? >> he attacked me. >> how did he attack you, naeem? >> he grabbed me. >> reporter: davis' attorney said witnesses failed to pick out his client in almost all of the lineups police put together. >> they conducted three lineups and two of the lineups the witness didn't pick anybody out. >> reporter: at the victim's funeral, they talked about han's journey from south korea. 20-year-old ashley han said her dad urged her to go to school

and live the american dream. a family friend told us that what made this so much worse is that knowing the wife of han is not 100% well. in fact, she's suffering from some kind of bone disease. the suspect has another court appearance next week. katherine craig, news4. right now, at 5:00, a call for help at an econo lodge came just before a worker was assaulted by a masked man. a news4 exclusive, some d.c. leaders have a plan to move the fbi quarters, and it could involve the redskins. what's wrong with this picture. what a metro bus passenger captured on cell phone video. and good evening. i'm wendy rieger. >> i'm doreen gentzler. it's a tradition dating back decades here in washington. the lighting of the national christmas tree. >> and this year's ceremony will include performances from some top acts. storm team 4 chief meteorologist doug kammerer is down on the ellipse where crowds are anxiously awaiting the